Is it illegal to be paid double time on bank holidays?

weebubbles

I work in the security industry and the site we work at recently changed security companies and we all transferred over to the new company. After Christmas we were told that we would not be paid double time for working bank holidays but would receive a day in lieu whereas before with the old security company, we had the option of being paid double time or the day in lieu but the new security company say its illegal to be paid double time on bank holidays as they would be in effect buying holidays from us. We told them that as we transferred over by TUPE we should not lose any of our terms or conditions but they are basically saying we have no choice and this is the way its going to be.Can anyone on here confirm what we are being told is true or not?

CIS

No its not.

hcb42

i think what they are trying to do is correct, you are entitled to a statutory min holidays per year, and you are entitled to take these, so if you work the BH you would still have a day left to take, those who dont work it effectively take it as a holiday.

sounds like the old firm still did things how they used to be..

Googlewhacker

CIS wrote: »

Simple answer is No.

No but what the OP is alluding to is that they are effectively buying the bank holidays back which then takes them under the statutory minimum holidays (5.6 weeks).

Emmzi

I actually think OP is asking a TUPE question.

TUPE protects only contractual obligations.

If holidays are stipulated in the contract then they are protected until such a time as they are renegotiated.

So what does the contract say?

LadyMissA

Well as long as you still get 28 days holiday I guess it's not so they pay you double time and you get a day off? Or aren't they buying your holiday?

LittleVoice

It is not illegal to be paid double time for working on a bank holiday!!!!!!

However, if that bank holiday would have otherwise formed part of your holiday entitlement contributing to the minimum amount of holiday to which you are entitled under statute then you do need to have a day off in lieu. (So if you work 5 or more days a week and get no more than 28 days holiday (including any bank holidays), that is the minimum your employer should ensure you take and they it is not lawful for them to pay you instead.)

However, that does not mean they can't pay you double time when you do work on a bank holiday - as long as you also get a day off in lieu. If your original terms said bank holiday working meant you got double pay, that should continue under TUPE.

p00hsticks

I think it depends on how much holiday you get.

You are legally entitled to 5.6 weeks holiday a year - which works out as 28 days if you work 5 days a week (it is pro-rated if you are part time).

My understanding is that your employer not legally allowed to buy holiday off an employee if it would result in them having less than the statutary entitlement of holiday.

So if your holiday entitlement in your employment contract is for '28 days holiday including bank holidays' then if you work on a bank holiday then the employer HAS to offer you a day off in lieu so that you still have 28 days holiday in the year. but that doesn't mean they can't pay you extra as well!

If you are entitled to more, then your employer could buy the additonal days off of you, or pay you double for working them, as long as they don;t go under the 28 days.
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

getmore4less

The statutory holiday issue has been covered.


If there was the option for double time or TOIL the chances are this change wiill still be within the contract unless they messed up the wording giving the employee the absolute right to choose.

If not allready contractual making the change to comply with legislation would be fairly staightforward and very difficult to challenge, there is plenty of time till the next BH for adequate notice.


AS they say pick you battles,

If on statutory holidays this is something not worth fighting.

TUPE only protects at point of transfer.

KiKi

weebubbles wrote: »

I work in the security industry and the site we work at recently changed security companies and we all transferred over to the new company. After Christmas we were told that we would not be paid double time for working bank holidays but would receive a day in lieu whereas before with the old security company, we had the option of being paid double time or the day in lieu but the new security company say its illegal to be paid double time on bank holidays as they would be in effect buying holidays from us. We told them that as we transferred over by TUPE we should not lose any of our terms or conditions but they are basically saying we have no choice and this is the way its going to be.Can anyone on here confirm what we are being told is true or not?

There are two issues here: your paid leave, and what you're paid on BHs. Don't mix them up.

By law, you must have 28 days paid leave a year (which includes BHs) as a minimum. The following answer assumes you only get 20 days' annual leave a year:

If so, then your previous employer should not have given you the choice of double pay or a day in lieu. By law, you should always have had a day in lieu, regardless of what they paid you - or you wouldn't be getting the min paid leave required.

Your new employer correctly recognises this. So they HAVE to give you - by law - a day in lieu if you work BHs. So they're not going to want to pay you double and give you a day off. Effectively they've just taken that choice away from you. So your company are doing the right thing by insisting you have a day in lieu.

However, issue two - the payment - is down to TUPE, so: this depends on what your contract says. If your contract states that you MUST be paid double time for working BHs (although you would still need the day in lieu, as well), then you *may* have a case. But it sounds more like your previous employer gave you an informal choice...?

In addition, TUPE doesn't protect you from a new company changing your T&Cs - as long as they have a justifiable business reason. Breaking the law would probably fall under that - as would an economic argument that they can't afford to pay you double time and give you time off - so you'd need to come back and tell us what your contract says about your annual leave, BHs or paid leave for anyone to make a judgement.

Either way, if the new company really want to enforce it, they can by giving notice with the business reason why, and enforcing the contractual change anyway.

KiKi